1. Mr Alfred Lee (“Mr Lee”) turns eighty years old this year. His son and daughter, Tom andTania, decided to organise a birthday celebration at his home. Mr Lee’s close friends andrelatives were all invited, and they numbered about 20 guests.2. Tom and Tania approached Gourmet Delights Pte Ltd (“Gourmet Delights”) to supply thefood for the event. Gourmet Delights is a well-known local restaurant, and it is one of MrLee’s favourite restaurant. Mr Lee was always impressed by how Gourmet Delights wasable to excel in both western and Peranakan cuisine.“A rare combination”, he thought to himself.3. Although, this was Mr Lee’s favourite restaurant, it was the first time the family was askingGourmet Delights to cater food for a home party. The agreement between the family andGourmet Delights contained, among others, the following terms:Clause 1 Delivery Date (date of event) : 30 March 2024(Remarks : Eightieth Birthday celebration)Clause 2 Set-up time : 6.30 pm (Dinner to commence at 7 pm)Clause 3 Food items : see attached menu.Clause 4 Gourmet Delights shall deliver the food and complete the set-up for theevent punctually.Clause 5 Gourmet Delights shall provide the agreed food items which shall bedelicious and of the highest quality.4. On the day of the event, the Gourmet Delights team arrived promptly at 6.30 pm and begansetting up for the party. The Gourmet Delights employees were efficient and completedthe preparation by 6.40 pm. Mr Lee was so excited (and hungry) that he could not resistgiving the food a taste before his guests arrived. To his horror, he found that the fooditems were too salty. Also, the dessert items were way too sweet for Mr Lee’s liking.5. He hurriedly informed his children about the situation. They sampled the food and agreedthat the food did not have the same taste and quality as what the family was used to whenthey dined at the Gourmet Delights restaurant. However, Tom and Tania thought that thefood was still “decent”. The food was not offensive or inedible. Even Mrs Lee, aPeranakan food connoisseur, thought the food was “pass-able”6. Mr Lee remained extremely disappointed and frustrated. He wanted Tom to call therestaurant to cancel the order and ask their staff to take the food away.“It would be better to serve some food obtained via GRAB than to serve this!” fumed MrLee.Official (Closed), Non-Sensi�veYour task for Question 2:(a) Identify the contractual term that has been breached by Gourmet Delights in this case.(b) Explain (with detailed reasons) whether the term breached should be classified as a“condition”, “warranty” or an “innominate term”.(c) Explain the contractual rights available to the innocent party when a term of the type youhave identified in part (b) above is breached.(d) Explain (with reasons) whether Mr Lee and his family will be able to terminate thecontract in this case.
Question
- Mr Alfred Lee (“Mr Lee”) turns eighty years old this year. His son and daughter, Tom andTania, decided to organise a birthday celebration at his home. Mr Lee’s close friends andrelatives were all invited, and they numbered about 20 guests.2. Tom and Tania approached Gourmet Delights Pte Ltd (“Gourmet Delights”) to supply thefood for the event. Gourmet Delights is a well-known local restaurant, and it is one of MrLee’s favourite restaurant. Mr Lee was always impressed by how Gourmet Delights wasable to excel in both western and Peranakan cuisine.“A rare combination”, he thought to himself.3. Although, this was Mr Lee’s favourite restaurant, it was the first time the family was askingGourmet Delights to cater food for a home party. The agreement between the family andGourmet Delights contained, among others, the following terms:Clause 1 Delivery Date (date of event) : 30 March 2024(Remarks : Eightieth Birthday celebration)Clause 2 Set-up time : 6.30 pm (Dinner to commence at 7 pm)Clause 3 Food items : see attached menu.Clause 4 Gourmet Delights shall deliver the food and complete the set-up for theevent punctually.Clause 5 Gourmet Delights shall provide the agreed food items which shall bedelicious and of the highest quality.4. On the day of the event, the Gourmet Delights team arrived promptly at 6.30 pm and begansetting up for the party. The Gourmet Delights employees were efficient and completedthe preparation by 6.40 pm. Mr Lee was so excited (and hungry) that he could not resistgiving the food a taste before his guests arrived. To his horror, he found that the fooditems were too salty. Also, the dessert items were way too sweet for Mr Lee’s liking.5. He hurriedly informed his children about the situation. They sampled the food and agreedthat the food did not have the same taste and quality as what the family was used to whenthey dined at the Gourmet Delights restaurant. However, Tom and Tania thought that thefood was still “decent”. The food was not offensive or inedible. Even Mrs Lee, aPeranakan food connoisseur, thought the food was “pass-able”6. Mr Lee remained extremely disappointed and frustrated. He wanted Tom to call therestaurant to cancel the order and ask their staff to take the food away.“It would be better to serve some food obtained via GRAB than to serve this!” fumed MrLee.Official (Closed), Non-Sensi�veYour task for Question 2:(a) Identify the contractual term that has been breached by Gourmet Delights in this case.(b) Explain (with detailed reasons) whether the term breached should be classified as a“condition”, “warranty” or an “innominate term”.(c) Explain the contractual rights available to the innocent party when a term of the type youhave identified in part (b) above is breached.(d) Explain (with reasons) whether Mr Lee and his family will be able to terminate thecontract in this case.
Solution
(a) The contractual term that has been breached by Gourmet Delights in this case is Clause 5, which states that "Gourmet Delights shall provide the agreed food items which shall be delicious and of the highest quality."
(b) The term breached can be classified as an "innominate term". This is because the term does not clearly fall into the category of a "condition" or a "warranty". The term "delicious and of the highest quality" is subjective and can vary from person to person. Therefore, it is not a condition, which would have a clear and definite meaning. It is also not a warranty, as it is not a minor term of the contract, but rather a significant aspect of the agreement.
(c) When an innominate term is breached, the innocent party has the right to claim damages. However, whether the contract can be terminated depends on the nature and extent of the breach. If the breach is so serious that it deprives the innocent party of substantially the whole benefit of the contract, then the innocent party may also have the right to terminate the contract.
(d) Whether Mr Lee and his family will be able to terminate the contract in this case depends on whether the breach of the innominate term is considered serious enough. Given that the food was still "decent" and "pass-able", it may be difficult for them to argue that they have been deprived of substantially the whole benefit of the contract. Therefore, it is likely that they will not be able to terminate the contract, but they may still be able to claim damages for the breach.
Similar Questions
Eileen is planning a special birthday dinner for her husband's 35th birthday. She wants the evening to be memorable, but her husband is a simple man who would rather be in jeans at a baseball game than in a suit at a fancy restaurant. Which restaurant below should Eileen choose?Select one:a. Marty's serves delicious, hearty meals in a charming setting reminiscent of a baseball clubhouse in honor of the owner,Marty Lester, a former major league baseball all-star.b. The Parisian Bistro is a four-star French restaurant where guests are treated like royalty. Chef Dilbert Olay is famous for his beef bourguignon.c. Pancho's Mexican Buffet is an all-you-can-eat family style smorgasbord with the best tacos in town.d. Alfredo's offers fine Italian cuisine and an elegant Tuscan decor. Patrons will feel as though they've spent the evening in a luxurious Italian villa
creative menu with appetizers,main courses,desserts and mocktails which matchs the wedding themes
Creative CuisineMarie DeversLevi grated lemon zest into the whipped cream cheese and jabbed his pinky in the sweet icing for a sample. He suspected his latest creation required powdered sugar, so he located the canister and sprinkled raw sugar into his concoction. His second taste test revealed that his lemon cream pies were developing perfectly. The recipe had appeared in a simpler form on a teen cooking Web site, but Levi contemplated the recipe for days before attempting it. When he was satisfied that he could make it unique with final touches like lemon zest, he proceeded to the kitchen.After his family finished Levi's supper—chicken and vegetable stir-fry— Levi placed a miniature pastry before each family member and enjoyed their praise. Levi knew that everyone loved having a creative chef in the family, especially one who volunteered for dinner duty almost every night of the week.As his relatives dipped their spoons into the cool cream, Levi's grandma spoke up about a flyer she’d noticed in the grocery store. A local gourmet restaurant sought student interns. Before Levi could add his thoughts on the opportunity, his family buzzed with excitement—they unanimously agreed that Levi was the perfect person for the job. Levi's family wouldn't let him neglect the chance to be a chef in an esteemed restaurant.His sister drove him to the audition—an obstacle course of cooking tests to help the owners of the restaurant select an assistant. At the audition, the head chef explained that an intern's job was to mimic the head chef's menu—not to create a new one; therefore, the students must recreate the restaurant's dishes to earn the job. Levi looked around at the other candidates. He didn't know about them, but trying not to be creative would be difficult for him.First, the potential chefs had to make an appetizer that consisted of a hardboiled egg drizzled with cheese and herbs. As soon as Levi smelled the finished dish, he knew some salsa would add kick, but he held back—he assembled the dish as the chef had ordered. Next, Levi prepared the main dish—zucchini pasta. Levi wanted to add sausage. His mother made this exact recipe, but with sausage, and it was Levi's favorite meal; however, he held back again. This time he noticed that other applicants jazzed up their recipes, and the chef even complimented them on their creative takes!When the chef explained the final dish, Levi created it just as the chef directed—a simple whipped cream with strawberries. Levi knew that adding lemon zest and sugar could make the cream phenomenal, but he prepared the dessert and sat silently while the chef tasted his dish. After the final taste test, the chef announced a bonus round where the candidates could create whatever dish they wanted."Now," chef said, "is your chance to be inventive."Levi made the egg appetizer with salsa, the zucchini pasta with sausage, and the strawberries with lemon cream. When the chef arrived at Levi's workstation, he smiled at the buffet of choices."Seems like you have innovative ideas about everything," the chef said.Finally, the chef announced his decision."For knowing when to be creative and when to follow my lead, I nominate Levi for the position."The rest of the owners' comments were a blur. Levi had impressed the chef with his dishes and his creativity! He was on his way to becoming a real chef!QuestionWhich character trait BEST describes Levi's behavior in his interaction with the head chef?ResponsesA fearfearB impatienceimpatienceC independenceindependenceD restraint
Joe owned a few businesses in Penfield, and he was a thoughtful business owner. The windows of his art gallery were made of special glass that protected the art from sun damage. And he bought a new delivery van for his flower shop when the old one kept breaking down, because no one should receive withered flowers.He was especially proud on the day his restaurant opened. A restaurant was a brand-new venture for Joe. He'd picked out beautiful plates and glasses. They were costly, but he wanted to give his customers the best dining experience he could.He was thrilled when the restaurant filled up for lunch, but disheartened when he heard a glass break in the kitchen."Please be more careful," he told the dishwasher.Not much later, a child shattered a plate on the dining room floor. After that, a man waved Joe to his table, where he pointed out a chip in the rim of his water glass. It would have to be thrown away.In the kitchen that night, Joe counted the remaining plates and glasses."Owning this place is going to cost a lot more than I thought," he told the chef."You know, there's a restaurant supply store in Ridgemont. It sells dishes and glassware, and you buy them in bulk, so they're cheap," the chef said."Good point," said Joe. "In this business, sooner or later everything breaks."That weekend, Joe and his chef drove to the store in Ridgemont.The next day, Joe watched contentedly as the restaurant filled up again. When a server dropped one of the new plates, Joe didn't get upset. A new one was taken from a large box, where there were plenty more replacements at the ready.Which of the following best describes the main theme or lesson of the story?Some things in life are not worth spending a lot of money on.People don't always respect the property of others.If you want something to last a long time, invest in quality.Submit
Which of the following is a recommended strategy for honoring children's mealtime preferences? Question 4 options: a) Allow children to eat at the "grown-up" table using china and silverware. b) Cook food until very hot to keep a child from eating too quickly. c) Try a series of gourmet foods with fancy names to build the child's cultural awareness. d) Offer vegetables that are raw or undercooked and served separate from other foods. e) Serve varied, spicy flavors to entice a child's taste buds.
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.